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Hi I am new and could do with some help. Lovely forum by the way so full of info.

 

I have got in arrears with this years council tax and was trying to sort it out direct with the council, but they just ignored everything as usual.

 

Well this morning one of their own bailiffs came round, I did explain the situation etc., and he said he could make an arrangment with me and that I could pay £100 amonth, which is fine.

NOT ONCE DID I LET HIM IN!

 

He said that all payments were to be made to council at their office cash office and not direct to him as he was a council bailiff. on the 6th of the month starting 6th sept. which is fine.

 

Now he done all the paperwork and on it he had put down a levy on a car on my drive which is not mine but my sons. I explained that to him and said that the car wasnt mine and I have reg docs to prove it is someones elses. He said he didnt want to see them and as long as I kept to the agreement there wouldnt be a problem. Well I thought you have been told that it isnt mine so I signed paperwork. I have no objection to paying the £100 this is what I offered the Council direct and they still ignored it.

 

Now, after the initial shock I suddenly thought hes an idiot the cars not mine so he cant take it therefore even though I have signed I signed for them to levey on goods that I dont own Doh!

 

This afternoon I have done a covering letter to the Council Bailiffs stating they have levied on a car that I do not own and I have enclosed copies of the registration documents for them to put on file.

 

I also stated that this is by no means a way of me trying to get out of paying what was arranged.

 

I have also been in touch with a solicitor who says that I have done the right thing by sending them copies of the paperwork etc., and I will be sending her copies to.

 

I will be sending it recorded delivery to. As I said guys and gals, I intend to pay what has been agreed. I will of course be keeping all receipts and paperwork.

 

How stupid was I in signing for something that wasnt mine.

I know I am safe as long as I keep paying monthly. So 2 days before payment due down to council offices and make cash payment into the account.

 

Bailiff also gave me his mobile number and name and said if I couldnt get down to the offices at any time he would come and collect if I wanted just give him a call and issue me a receipt for it when handed over.

I intend to make a nuscience of myself and everytime I make a payment text him and tell him its paid. I have to mobile phones and will only use the one I give to creditors.

 

My solicitor said that once they have the documentation that the car is not mine there is nothing they can do.

 

Any thoughts guy, at least I got the payment plan I wanted.

 

Also on paperwork he has written Charges to be reviewed and payment to be reviewed in 3 months. If you want name of council I will gladly let you have it!

Edited by benny1
missed off

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Do you know how much the Liability Order the Council have against you is for? Do you know what charges the Bailiff has made? Have you checked to see if his Ceritficate is valid?

 

I would also hit the Triangle to the left and ask for this to be moved to the bailiffs Forum where you'll get a better targetted response.

 

PT


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Tahnk you

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Thread moved.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Hi, Liabilty order was for £1366.92. There have been no charges added from Bailiff as yet, as he has put a note on paperwork charges to be reviewed. Also, that payment arrangement to be reviewed in 3 months.

I have also emailed the Chief Executive of the Council concened.

 

Is there anything else I need to do?

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Hi I am new and could do with some help. Lovely forum by the way so full of info.

 

I have got in arrears with this years council tax and was trying to sort it out direct with the council, but they just ignored everything as usual.

 

Well this morning one of their own bailiffs came round, I did explain the situation etc., and he said he could make an arrangment with me and that I could pay £100 amonth, which is fine.

NOT ONCE DID I LET HIM IN!

 

He said that all payments were to be made to council at their office cash office and not direct to him as he was a council bailiff. on the 6th of the month starting 6th sept. which is fine.

 

Now he done all the paperwork and on it he had put down a levy on a car on my drive which is not mine but my sons. I explained that to him and said that the car wasnt mine and I have reg docs to prove it is someones elses. He said he didnt want to see them and as long as I kept to the agreement there wouldnt be a problem. Well I thought you have been told that it isnt mine so I signed paperwork. I have no objection to paying the £100 this is what I offered the Council direct and they still ignored it.

 

Now, after the initial shock I suddenly thought hes an idiot the cars not mine so he cant take it therefore even though I have signed I signed for them to levey on goods that I dont own Doh!

 

This afternoon I have done a covering letter to the Council Bailiffs stating they have levied on a car that I do not own and I have enclosed copies of the registration documents for them to put on file.

 

I also stated that this is by no means a way of me trying to get out of paying what was arranged.

 

I have also been in touch with a solicitor who says that I have done the right thing by sending them copies of the paperwork etc., and I will be sending her copies to.

 

I will be sending it recorded delivery to. As I said guys and gals, I intend to pay what has been agreed. I will of course be keeping all receipts and paperwork.

 

How stupid was I in signing for something that wasnt mine.

I know I am safe as long as I keep paying monthly. So 2 days before payment due down to council offices and make cash payment into the account.

 

Bailiff also gave me his mobile number and name and said if I couldnt get down to the offices at any time he would come and collect if I wanted just give him a call and issue me a receipt for it when handed over.

I intend to make a nuscience of myself and everytime I make a payment text him and tell him its paid. I have to mobile phones and will only use the one I give to creditors.

 

My solicitor said that once they have the documentation that the car is not mine there is nothing they can do.

 

Any thoughts guy, at least I got the payment plan I wanted.

 

Also on paperwork he has written Charges to be reviewed and payment to be reviewed in 3 months. If you want name of council I will gladly let you have it!

 

If you look on the main page of the bailiff section you will see there is a STICKY section and there is one specifically aimed at your query entitled"Has a bailiff levied upon a car not owned by you".

 

As you will see from reading it the Local Government Ombudsman has been highly critical of this "practice" and he advises local authorities to ensure that they REMOVE the levy fee and all other fees associated with this "levy.

 

You need to ensure that get confirmation from the bailiff that the ONLY charges that have been applied to your account are just £24.50 for "attending to levy" (where no levy was made).

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Morning, just checked paperwork and on one signed bit of paperwork the Notice and seizure of goods and inventory it says Statutory Levy Fee £63 Enforcement Costs £200 then under he has written Charges to be reveiwed.

 

Does that help?

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the most he can charge you with the levy on the car being invalid is £24.50 get on to the council to have the illegal charges removed

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Hi Again just found some more info for you and original paperwork. The car is on finance (HP). It is not my car as papers I have state. The cars finance was started on 06/06/08 and is for 48 mnths. Now what?

 

Thank you

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So do I ring council tax dept or the man (bailiff) who came round yesturday?

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Morning, just checked paperwork and on one signed bit of paperwork the Notice and seizure of goods and inventory it says Statutory Levy Fee £63 Enforcement Costs £200 then under he has written Charges to be reveiwed.

 

Does that help?

 

 

Yes, it DOES help in that it is confirming that a local authority "in house" bailiff is completely ignoring the following article from their own regulatory body (the IRRV) !!!!

 

You need to write immediately to the council and ask them to confirm that the levy and all fees have been removed and replaced with a fee of just £24.50 for "attending to levy (where no levy was made)".

 

 

 

The IRRV have very kindly provided our business with a copy of the article and they have confirmed that they are happy for it to be referred to but that we should acknowledge that it has been provided by the IRRV and is from their INSIGHT Magazine.

 

 

PS: The final paragraph is very important and I would suggest that when writing a letter of complaint that a copy of this article is provided to them as well. You should also copy your letter to the local authority and ensure that it is marked as a FORMAL COMPLAINT and addressed to the CHIEF EXECUTIVE.

 

.

 

 

 

April 2010 Insight – Local Government Ombudsmanlink3.giflink3.gif

 

 

As it has become increasingly difficult for bailiffslink3.gif to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffslink3.gif and the council employing them.

 

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

 

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

 

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

 

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

 

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

 

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.

 

 

Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

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Thank you. Just got of phone with Chief Executives secretatary who has asked me to forward her a copy of the emil sent to the CE late last night. She said she wasnt sure if he had started to act on it as he does work in the evenings to.

 

I will write to the council to I intend to send letter to Bailiff company etc., with copies of documentation that the car is not mine.

As I said I will pay the £100 when it is due so that is not the issue. The issue is levy on goods which are not mine not did he ask me if car was mine (I forgot to say it wasnt mine but thats not the point). I will get everything in writing to.

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Morning, just checked paperwork and on one signed bit of paperwork the Notice and seizure of goods and inventory it says Statutory Levy Fee £63 Enforcement Costs £200 then under he has written Charges to be reveiwed.

 

Does that help?

 

 

Yes, it DOES help in that it is confirming that a local authority "in house" bailiff is completely ignoring the following article from their own regulatory body (the IRRV) !!!!

 

You need to write immediately to the council and ask them to confirm that the levy and all fees have been removed and replaced with a fee of just £24.50 for "attending to levy (where no levy was made)".

 

 

 

The IRRV have very kindly provided our business with a copy of the article and they have confirmed that they are happy for it to be referred to but that we should acknowledge that it has been provided by the IRRV and is from their INSIGHT Magazine.

 

 

PS: The final paragraph is very important and I would suggest that when writing a letter of complaint that a copy of this article is provided to them as well. You should also copy your letter to the local authority and ensure that it is marked as a FORMAL COMPLAINT and addressed to the CHIEF EXECUTIVE.

 

.

 

 

 

April 2010 Insight – Local Government Ombudsmanlink3.giflink3.gif

 

 

As it has become increasingly difficult for bailiffslink3.gif to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffslink3.gif and the council employing them.

 

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

 

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

 

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

 

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

 

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

 

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.

 

 

Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

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I will put a copy of the report in with my letter to the council.

Does this mean then they cant take the car?

Sorry if I seem a bit dim.

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I will put a copy of the report in with my letter to the council.

Does this mean then they cant take the car?

Sorry if I seem a bit dim.

 

I am almost certain that the car will NOT be taken. I have sent you a PM.

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Pm'd you back.

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In my PM to you I asked you to let me know the name of the relevant coucil. I have no intention of repeating the name of the forum suffice to say, that this very same council has been the subject of quite a few posts here on CAG ALL of which concern them charging fees that would appear to be NOT in accordance with the statutory fee scale as laid down by Parliament.

 

What is VERY worrying about this is that unlike bailiff companies, this council have their OWN IN HOUSE BAILIFF TEAM and therefore they have a DUTY to the taxpayer to ensure that the fees that they receive into the counci are NOT ILLEGAL FEES !!!!

 

In fact, this same council were at one time charging council tax payers a "letter fee" of £50. This fee is NOT allowed.

 

I also know of MANY people who have written to this local authority and received NOTHING back.

 

In your case, I would strongly suggest that a copy of your letter of complaint is sent to the CHIEF EXECUTIVE and you should say that UNLESS you receive a satisfactory response that you will write to the LOCAL GOVERNMENT OMBUDSMAN. I would also send a copy to your Local Councillor.

 

PERSONALLY......I can feel a Freedom of Information request being made....

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Thank you. I have done letter for council and am now going to do letter to the CE. Even though I have emailed him the details and telephoned his office.

I will keep all copies of letters sent and will be sending 1st class recorded delivery. I have not intention of phoning council or bailiff as they can be so rude!

I have given the council 7 days to reply which I think is long enough.

Can you tell me more about a Freedom of Information Request please.

 

Thank you

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So have these Bailiffs broken the law?

Have pm'd you Tomtubby.

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So have these Bailiffs broken the law?

 

Goodness gracious me as if they would ever do such a thing. They could have made a "clerical error" of course.

 

PT


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I know, they themselves never break the law (NOT)!

 

Anyway the chief executive has forwarded all my emails from me to the Manager of the Bailiffs dept for Urgent attention.

In the meantime letters are just itching to get to the post office and wing their way to the relevant people.

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I know, they themselves never break the law (NOT)!

 

Anyway the chief executive has forwarded all my emails from me to the Manager of the Bailiffs dept for Urgent attention.

 

Don't be surprised if they come back with a totally different story and everything he did was in fact correct and all fees charged were in line with current procedures. Even so it can be torn to shreds and their methods and procedures revealed for what they are. You should also keep your local Councillors(s) up to date.

 

In the meantime letters are just itching to get to the post office and wing their way to the relevant people.

 

PT


Please consider making a small donation to help keep this site running

 

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Hi all

What I don't understand in this thread is that there appears to be an "implied right" by the Bailiff that EVEN IF HE LEVIES SOMETHING INCORRECTLY HE IS ENTITLED TO THESE FEES FROM THE DEBTOR.

 

If this is indeed the case then whatever the law might say The Bailiff would have ZERO chance of collecting anything from me and I'd investigate all possible other sanctions such as compensation over the ILLEGAL mobilisation of a vehicle causing me THOUSAND'S of POUNDS in lost business etc etc.

 

Other sanctions might be a possible EXTORTION charge --demanding money for a wrongly immobilsed vehicle etc.

 

What is it in UK LAW that seems to give these poxy officials 100% right over their actions --even when they are plainly WRONG and its up to the "Victim" to have to go to all the trouble of redress.

 

Anyway thanks to CAG it's nice to see people wising up to the fact that for Council Tax Baliff's have VERY LITTLE POWER INDEED --and you don't have to let them in.

 

The whole use of Bailiff's for settling debt collection isn't appropriate to the 21st century anyway.

 

These Brutish and thuggish methods were employed by the King in around 1100 --surely we've moved on from this.

 

Cheers

jimbo

Edited by jimbo45

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Ok update: Charges dropped. Car written off paperwork. I have pm'd Tomtubby for some advice before I say anymore.

 

Thank you guys.

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Very pleased to hear that.

 

PT


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